As of 10 March 2021, new regulations in terms of Domestic workers have been gazetted. This means that all employers who employ a Domestic Worker must be registered with the Compensation Fund and have to submit an annual return of earnings.
This means that Domestic Workers will be entitled to compensation if they suffer an injury on duty. This was confirmed by the Constitutional Court case of Mahlangu and Another v Minister of Labour and Others [2020] ZACC 24.
According to the Basic Conditions of Employment Act, a Domestic worker is:
an employee who performs domestic work in the home of their employer and includes—
- a gardener;
- a person employed by a household as a driver of a motor vehicle; and
- a person who takes care of children, the aged, the sick, the frail or the disabled, but does not include a farmworker.
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